NEW! Order Rules of Disengagement“on the side of US service members who didn't check their conscience - and their sense of honor - at the door when they signed up." - see Truthout review.

Also, order Cowboy Republic - Makes the case for prosecuting Bush officials "with equisite legal detail" in "straightforward, everyman language" - see William Fisher review.

View Featured Broadcasts on Google and Professor Cohn's congressional testimony and interview on C-SPAN Book TV.


Wednesday, October 4, 2006

Rounding Up U.S. Citizens

The Military Commissions Act of 2006 governing the treatment of detainees is the culmination of relentless fear-mongering by the Bush administration since the September 11 terrorist attacks.

Because the bill was adopted with lightning speed, barely anyone noticed that it empowers Bush to declare not just aliens, but also U.S. citizens, "unlawful enemy combatants."

Bush & Co. has portrayed the bill as a tough way to deal with aliens to protect us against terrorism.

Frightened they might lose their majority in Congress in the November elections, the Republicans rammed the bill through Congress with little substantive debate.

Anyone who donates money to a charity that turns up on Bush's list of "terrorist" organizations, or who speaks out against the government's policies could be declared an "unlawful enemy combatant" and imprisoned indefinitely. That includes American citizens.

The bill also strips habeas corpus rights from detained aliens who have been declared enemy combatants.

Congress has the constitutional power to suspend habeas corpus only in times of rebellion or invasion. The habeas-stripping provision in the new bill is unconstitutional and the Supreme Court will likely say so when the issue comes before it.

Although more insidious, this law follows in the footsteps of other unnecessarily repressive legislation. In times of war and national crisis, the government has targeted immigrants and dissidents.

In 1798, the Federalist-led Congress, capitalizing on the fear of war, passed the four Alien and Sedition Acts to stifle dissent against the Federalist Party's political agenda. The Naturalization Act extended the time necessary for immigrants to reside in the U.S. because most immigrants sympathized with the Republicans.

The Alien Enemies Act provided for the arrest, detention and deportation of male citizens of any foreign nation at war with the United States. Many of the 25,000 French citizens living in the U.S. could have been expelled had France and America gone to war, but this law was never used. The Alien Friends Act authorized the deportation of any non-citizen suspected of endangering the security of the U.S. government; the law lasted only two years and no one was deported under it.

The Sedition Act provided criminal penalties for any person who wrote, printed, published, or spoke anything "false, scandalous and malicious" with the intent to hold the government in "contempt or disrepute." The Federalists argued it was necessary to suppress criticism of the government in time of war. The Republicans objected that the Sedition Act violated the First Amendment, which had become part of the Constitution seven years earlier. Employed exclusively against Republicans, the Sedition Act was used to target congressmen and newspaper editors who criticized President John Adams.

Subsequent examples of laws passed and actions taken as a result of fear-mongering during periods of xenophobia are the Espionage Act of 1917, the Sedition Act of 1918, the Red Scare following World War I, the forcible internment of people of Japanese descent during World War II, and the Alien Registration Act of 1940 (the Smith Act).

During the McCarthy period of the 1950s, in an effort to eradicate the perceived threat of communism, the government engaged in widespread illegal surveillance to threaten and silence anyone who had an unorthodox political viewpoint. Many people were jailed, blacklisted and lost their jobs. Thousands of lives were shattered as the FBI engaged in "red-baiting."

One month after the terrorist attacks of September 11, 2001, United States Attorney General John Ashcroft rushed the U.S.A. Patriot Act through a timid Congress.

The Patriot Act created a crime of domestic terrorism aimed at political activists who protest government policies, and set forth an ideological test for entry into the United States.

In 1944, the Supreme Court upheld the legality of the internment of Japanese and Japanese-American citizens in Korematsu v. United States. Justice Robert Jackson warned in his dissent that the ruling would "lie about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need."

That day has come with the Military Commissions Act of 2006. It provides the basis for the President to round- up both aliens and U.S. citizens he determines have given material support to terrorists. Kellogg Brown & Root, a subsidiary of Cheney's Halliburton, is constructing a huge facility at an undisclosed location to hold tens of thousands of undesirables.

In his 1928 dissent in Olmstead v. United States, Justice Louis Brandeis cautioned, "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding." Seventy- three years later, former White House spokesman Ari Fleischer, speaking for a zealous President, warned Americans "they need to watch what they say, watch what they do."

We can expect Bush to continue to exploit 9/11 to strip us of more of our liberties. Our constitutional right to dissent is in serious jeopardy. Benjamin Franklin's prescient warning should give us pause: "They who would give up an essential liberty for temporary security, deserve neither liberty or security."

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Monday, June 5, 2006

Stop the Beast

To date, the Iraq War represents the fullest and most relentless application of the Bush Agenda. The 'freer and safer world' envisioned by Bush and his administration is ultimately one of an ever-expanding American empire driven forward by the growing powers of the nation's largest multinational corporations and unrivaled military.
-Antonia Juhasz,
The Bu$h Agenda: Invading the World, One Economy at a Time

In an annual security conference on Saturday, Donald Rumsfeld assured the audience, "We don't intend to occupy [Iraq] for any period of time. Our troops would like to go home and they will go home."

Why, then, would the United States be building an enormous embassy in Baghdad and a base so large, it eclipses Kosovo's Camp Bondsteel which had been the largest foreign US military base built since Vietnam?
The new embassy, which occupies a space two-thirds the area of the national mall in Washington DC, comprises 21 buildings which will house over 8,000 government officials. It has a huge pool, gym, theater, beauty salon, school, and six apartment buildings.

The gargantuan military base, Camp Anaconda, occupies 15 square-miles of Iraqi soil near Balad. The base is home to 20,000 soldiers and thousands of "contractors," or mercenaries. The aircraft runway at Anaconda is the second busiest in the world, behind only Chicago's O'Hare airport. And, depending on which report you read, between six and fourteen more U.S. military bases are under construction in Iraq. It doesn't appear we'll be leaving any time soon -- or any time, really.

Bush's trumped-up war on Iraq has claimed nearly 2,500 US military lives and tens of thousands of Iraqi lives. Thousands of US soldiers suffer in military hospitals, most with head injuries, many missing limbs. Thousands more have PTSD. Our economy is in shambles from the war and Bush's tax-cuts-for-the-rich. And America's moral standing in the world continues to plummet.

So, with all the construction activity in Iraq, and with an overextended military and an under funded budget, how could the Bush Administration possibly consider expanding the fight and attacking Iran? Logic and reason say it couldn't happen and shouldn't happen. But this administration has rarely paid much heed to logic and reason.

The plan to attack Iran has long been in the works. Bush gave us a preview in January 2002 when he inaugurated it into his "axis of evil." His 2006 National Military Strategy says, "We may face no greater challenge from a single country than from Iran." On Saturday, Donald Rumsfeld called Iran the world's leading terrorist nation. Does any of this have a familiar ring to it?

To understand why the US may attack Iran, one must consider the underlying motive of US militarism. The recent US strategy is calculated to maintain economic, political and military hegemony over oil-rich areas of the world. A 1992 draft of the Pentagon Defense Planning Guidance on post Cold War Strategy that was leaked to the New York Times said, "Our overall objective is to remain the predominant outside power in [the Middle East and Southwest Asia to] preserve US and Western access to the region's oil."

Truthout writer Dahr Jamail, an independent journalist who spent eight months in occupied Iraq, told a gathering at Thomas Jefferson School of Law on Friday that the US has been conducting ongoing special operations inside Iran. He cited unmanned surveillance drones flying over Iran. Jamail predicts Bush will invade Iran before the November election.

Former CIA analyst Ray McGovern agrees with Jamail's prediction, but thinks it will happen in June or July. "There is already one carrier task force there in the Gulf, two are steaming toward it at the last report I have at least - they will be there in another week or so," McGovern said on The Alex Jones Show.

Team Bush is following the same game plan used in the run-up to Iraq - hyping a threat that doesn't exist and going through the motions of diplomacy.

Bush & Co. are not motivated by rationality. They act in the interests of the huge corporations, at the expense of humanity. During the Bush years, oil companies have earned record profits. Dick Cheney's Halliburton has landed many of the juiciest contracts in Iraq. New Iraqi laws that US ambassador Paul Bremer put in place lock in significant advantages for US corporations in Iraq, including corporate control of Iraq's oil.

Neoconservative Thomas Friedman, in a March 1999 New York Times article illustrated by an American flag on a fist, accurately summed up US foreign policy:

For globalism to work, America can't be afraid to act like the almighty
superpower that it is ... The hidden hand of the market will never work without
a hidden fist - McDonald's cannot flourish without McDonnell Douglas, the
designer of the F-15. And the hidden fist that keeps the world safe for Silicon
Valley's technologies is called the United States Army, Air Force, Navy and
Marine Corps.

As long as we allow our government to pursue this strategy, Abu Ghraibs and Hadithas will continue to emerge, our soldiers and thousands of people in other countries will continue to die, and our economy will continue toward bankruptcy. It is up to us to stop the beast - now!

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Wednesday, August 17, 2005

Why Bush Can't Answer Cindy

Cindy Sheehan is still in Crawford, Texas, waiting for Bush to answer her question: What noble cause did my son die for? Her protest started as a small gathering 13 days ago. It has mushroomed into a demonstration of 100s in Crawford and tens of thousands more at 1,627 solidarity vigils throughout the country.

Why didn't Bush simply invite Cindy in for tea when she arrived in Crawford? In a brief, personal meeting with Cindy, Bush could have defused a situation that has become a profound embarrassment for him, and could derail his political agenda.

Bush didn't talk with Cindy because he can't answer her question. There is no answer to Cindy's question. There is no noble cause that Cindy's son died fighting for. And Bush knows it.

The goals of this war are not hard to find. They were laid out in Paul Wolfowitz's Defense Policy Guidance in 1992, and again in the neoconservative manifesto - The Project for a New American Century's Rebuilding America's Defenses - in September 2000.

Long before 9/11, the neocons proclaimed that the United States should exercise its role as the world's only superpower by ensuring access to the massive Middle East petroleum reserves. To accomplish this goal, the US would need to invade Iraq and establish permanent military bases there.

If Bush were to give an honest answer to Cindy Sheehan's question, it would be that her son died to help his country spread US hegemony throughout the Middle East.

But that answer, while true, does not sound very noble. It would not satisfy Cindy Sheehan, nor would it satisfy the vast majority of American people. So, for the past several years, Bush and his minions have concocted an ever-changing story line.

First, it was weapons-of-mass-destruction and the mushroom cloud. In spite of the weapons inspectors' admonitions that Iraq had no such weapons, Bush, Cheney, Rumsfeld, Powell, Rice, and Bolton lied about chemical, biological and nuclear weapons. Bush even included the smoking gun claim in his state of the union address: that Iraq sought to purchase uranium from Niger. It was a lie, because people like Ambassador Joe Wilson, who traveled to Niger to investigate the allegation, had reported back to Cheney that it never happened.

The Security Council didn't think Iraq was an imminent threat to international peace and security. In spite of Bush's badgering and threats, the Council held firm and refused to sanction a war on Iraq. The UN weapons inspectors asked for more time to conduct their inspections. But Bush was impatient.

He thumbed his nose at the United Nations and invaded anyway. After the "coalition forces" took over Iraq, they combed the country for the prohibited weapons. But they were nowhere to be found.

Faced with the need to explain to the American people why our sons and daughters were dying in Iraq, Bush changed the subject to saving the Iraqis from Saddam's torture chambers.

Then the grotesque photographs emerged from Abu Ghraib prison outside of Baghdad. They contained images of US military personnel torturing Iraqis. Bush stopped talking about Saddam's torture.

Most recently, Bush's excuse has been "bringing democracy to the Iraqi people." On June 28, 2004, he ceremoniously hailed the "transfer of sovereignty" back to the Iraqi people. Yet 138,000 US troops remained in Iraq to protect US "interests."

And Iraq's economy is still controlled by laws put in place before the "transfer of sovereignty." The US maintains a stranglehold on foreign access to Iraqi oil, private ownership of Iraq's resources, and control over the reconstruction of this decimated country.

The Bush administration, for months, hyped the August 15, 2005 deadline for Iraqis to agree on a new constitution. But as the deadline came and went, the contradictions between the Shias, Sunnis and Kurds over federalism came into sharp focus. The Bush administration admitted that "we will have some form of Islamic republic," according to Sunday's Washington Post.

So much for Bush's promise of a democratic Iraq.

The constitutional negotiations are far removed from their lives of most Iraqis. When journalist Robert Fisk asked an Iraqi friend about the constitution, he replied, "Sure, it's important. But my family lives in fear of kidnapping, I'm too afraid to tell my father I work for journalists, and we only have one hour in six of electricity and we can't even keep our food from going bad in the fridge. Federalism? You can't eat federalism and you can't use it to fuel your car and it doesn't make my fridge work."

Fisk reports that 1,100 civilian bodies were brought into the Baghdad morgue in July. The medical journal The Lancet concluded in October 2004 that at least 100,000 Iraqi civilians had died in the first 18 months after Bush invaded Iraq.

Unfortunately, the picture in Iraq is not a pretty one.

Bush knows that if he talked to Cindy Sheehan, she would demand that he withdraw from Iraq now.

But Bush has no intention of ever pulling out of Iraq. The US is building the largest CIA station in the world in Baghdad. And Halliburton is busily constructing 14 permanent US military bases in Iraq.

George Bush knows that he cannot answer Cindy Sheehan's question. There is no noble cause for the US war on Iraq.

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Saturday, November 13, 2004

The Quaint Mr. Gonzales

Most Republicans and many Democrats have hailed Bush's nomination of White House counsel Alberto Gonzales for attorney general as a brilliant choice. Whereas John Ashcroft ruffled feathers with his coarse warnings that opponents of Bush's post-9/11 agenda "only aid terrorists," the soft-spoken Gonzales is much more palatable. And he's Hispanic to boot, so the Bush cabinet diversity quotient won't change when Colin Powell steps aside in the second term. Some Democrats will ask tough questions during Gonzales's confirmation hearing. But it would be unseemly for Democrats to seriously challenge the nomination of the first Latino Attorney General of the United States.

The right-wing Republicans who propelled Bush to a second term are relieved Gonzales was tapped to head the Department of Justice, and not to be a justice of the Supreme Court. Gonzales's views on abortion are too liberal for them, but they don't see him doing damage to their "pro-life" position as the nation's top cop. Tom Minnery, vice president for public policy at the Colorado-based Focus on the Family, confirmed that Gonzales would be objectionable as a judicial nominee because he does not have "strong pro-life beliefs." However, Minnery's group would support Gonzales's appointment as attorney general.

But the New York Times reports that Republicans close to the White House claim the nomination of Gonzales for attorney general is "part of a political strategy to bolster Mr. Gonzales's credentials with conservatives and position him for a possible Supreme Court appointment." One Republican said the nomination hearings on Gonzales would also "get out of the way" the debate over the legal memos Gonzales prepared and supervised as White House counsel.

Notwithstanding his mild-mannered appearance, Gonzales is the iron fist in the velvet glove. Gonzales, whom Bush affectionately calls "mi abogado" ("my lawyer"), wrote one of the most outrageous torture memos. On January 25, 2002, Gonzales advised Bush that "the war on terrorism is a new kind of war, a new paradigm [that] renders obsolete Geneva's strict limitation on questioning of enemy prisoners and renders some of its provisions quaint."

Oh really? The "quaint" Geneva Conventions are treaties ratified by the United States, and therefore part of the supreme law of the land under our Constitution.

Gonzales also provided Bush with novel defenses against potential war crimes prosecutions that might result from torturing prisoners captured in Afghanistan. The 1996 War Crimes Act says that grave breaches of the Geneva Conventions are war crimes. Thus, the definition of war crimes includes torture, inhuman treatment, and willful killing, as well as outrages against personal dignity. Gonzales advised Bush that he could avoid allegations of war crimes by simply declaring that Geneva doesn't apply to the war against the Taliban and Al Qaeda in Afghanistan.

When Colin Powell saw Gonzales's memo, he reportedly "hit the roof." Powell wrote a counter-memo to Gonzales and Condoleezza Rice, warning of the immense damage this could do to the United States - legally, politically, militarily, diplomatically, and morally. To declare that the Geneva Conventions did not apply, Powell wrote, "will reverse over a century of U.S. policy and practice in supporting the Geneva conventions, and undermine the protection of the law of war for our troops, both in this specific conflict and in general."

Powell was right. The Geneva Conventions contain no loopholes that would allow the torture and inhuman treatment of prisoners. Even if a captive did not qualify for prisoner-of-war status under the Third Geneva Convention, he would be protected by the Fourth Geneva Convention on the treatment of civilians during wartime. And article 3 of both conventions prohibits torture, and humiliating and degrading treatment against anyone who is no longer fighting. It is well-established that article 3 applies to international, as well as internal, conflicts.

Bush didn't listen to Powell. On February 7, 2002, Bush declared that Geneva would not apply to Al Qaeda. He added that he had "the authority to suspend Geneva as between the United States and Afghanistan," but declined to exercise it at that time. Geneva "will apply to our present conflict with the Taliban," Bush said. But then, in a striking example of double-speak, he determined they were "unlawful combatants," ineligible for hearings to decide whether they were prisoners-of-war under the Third Geneva Convention. (Under the terms of Geneva, only a "competent tribunal" can make that determination). Bush also proclaimed that article 3 of Geneva didn't apply to either Al Qaeda or the Taliban prisoners.

After the pornographic torture photos, and memos justifying torture, leaked out last April, it was Gonzales who was charged with damage control. While being run out of town, Gonzales made it look like a parade by releasing more memos - though not all of them, then admitting to reporters that Team Bush "felt that it was harmful to this country, in terms of the notion that perhaps we may be engaging in torture."

Another controversial memo, dated August 1, 2002, from the Justice Department's Office of Legal Counsel to Gonzales, was one of the leaked documents. It opined that under the president's powers as commander in chief, interrogators who torture Al Qaeda or Taliban prisoners could be exempt from torture prosecutions.

Gonzales, still trying to stem the rising tide of outrage, said the August memo and another one from the Pentagon had only been meant to "explore the limits of the legal landscape." To his knowledge, said Gonzales, they "never made it to the hands of soldiers in the field, nor to the president."

In his January 25, 2002 memo, Gonzales also outlined plans to use military commissions to try prisoners, in order to deny them due process protections afforded by military and civilian courts. In a significant defeat for the Bush administration, a federal district court judge in Washington D.C. ruled earlier this week that the military commissions violate the Geneva Conventions, and were unlawfully constituted because Congress had not authorized them. The military commissions have been suspended indefinitely.

Gonzales's sordid record goes beyond his apologies for torture of prisoners. When he was counsel to Texas Governor George W. Bush from 1995 to 1997, Gonzales provided his boss with "scant summaries" on capital punishment cases that "repeatedly failed to apprise the governor of crucial issues: ineffective counsel, conflict of interest, mitigating evidence, even actual evidence of innocence," according to the Atlantic Monthly.

Gonzales prepared 57 such summaries, including one regarding the case of Terry Washington, a mentally retarded man executed for murdering a restaurant manager. The jury was never told about his mental condition. Gonzales's three-page summary of the case for Bush mentioned only that Washington's defense counsel's 30-page plea for clemency (which covered the mental competency issue) was rejected by the Texas parole board. Bush refused to stay executions in 56 of the 57 cases in which Gonzales wrote abbreviated memos.

Moreover, Gonzales helped write the USA Patriot Act, and managed Bush's selection of judicial nominees, most of whom had to pass a right-wing ideological litmus test. (See my editorial, Bush's Judges: Right-Wing Ideologues.)

When Gonzales was Chief Justice of the Texas Supreme Court, Dick Cheney's Halliburton was the second-largest corporate contributor to Texas Supreme Court races. Over a seven-year period, five Halliburton cases went before that court, and it consistently ruled in favor of Halliburton. And although Gonzales lawfully accepted $14,000 from Enron, he did not recuse himself from the administration's investigation of the Enron scandal when he was White House counsel.

From 2000 to the present, Gonzales led the Bush administration's obstruction of Government Accountability Office access to documents from Cheney's secret energy policy meetings.

Alberto Gonzales has been a loyal foot soldier, walking in lockstep with George W. Bush, for years. As head of the Justice Department, we cannot expect Gonzales to lead independent investigations of the widening probe of Halliburton, or the illegal leak of the identity of a CIA agent by an official of the Bush administration.

In spite of opposition to Gonzales's nomination by public interest groups such as the Center for Constitutional Rights and Human Rights Watch, Democratic Senator Joseph Biden said "I think he's a pretty solid guy."

Unless the Democrats in the Senate show some backbone, and block the nomination of Alberto Gonzales with the only arrow left in their quiver - the filibuster, we will be saddled with another attorney general who mounts vicious assaults on our civil rights.

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Tuesday, July 13, 2004

Bush's Judges: Right-Wing Ideologues

In 1988, while trying to convince skeptical conservative activists of his father's Christian bona fides, George W. Bush reassured them that George I was with them on judicial nominations, as well as abortion and other issues dear to their hearts. Then he punctuated his declarations with the six words that would ensure their support for him 12 years later: "Jesus Christ is my personal savior."

Bush's brand of religiosity permeates his national policies. When Bob Woodward asked him whether he consulted his dad before invading Iraq, Bush said, "He is the wrong father to appeal to for advice, the wrong father to go to, to appeal to in terms of strength. There's a higher Father that I appeal to."

George W. Bush's sort of Christianity also guides his judicial nominations. Bush's nominees for lifetime appointments to our federal courts are judges who would eviscerate civil rights, workers' rights, and the environment. Their agendas are anti-choice and pro-corporate.

Many people think the two most important things at stake in November's presidential election are the war on Iraq and the economy. True, but perhaps the most far-reaching impact of this election is who will appoint the nation's judges beginning January 2005.

The political balance on the Supreme Court hangs by a slender thread. Seventeen cases were decided on a 5-4 vote. Associate Justice Sandra Day O'Connor provided the swing vote in many of them. O'Connor and Chief Justice William Rehnquist have reportedly considered stepping down from the Court.

Associate Justice John Paul Stevens, lamenting the Court's interference in the 2000 presidential election, said, "Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law."

Although a one-vote margin of the Supreme Court anointed George W. Bush president in 2000, the Court has not voted in lockstep this term. In the Guantánamo and U.S. citizen detention cases, the Court made clear that the President's power is not absolute. It upheld the rights of the disabled, and non-citizens to recover for human rights violations.

But the next President of the United States may have the opportunity to appoint four new justices to the Supreme Court. That power could radically change the complexion of the precariously divided Court that pronounces the law of the land.

Rehnquist, who has been on the Court for 32 years, is 79 years old. Stevens, a member of the Court for 29 years, is 84. And O'Connor, on the Court for 23 years, is 74 years old. Associate Justice Ruth Bader Ginsburg, 71 years old, is a cancer survivor in frail health.

It is common for a Supreme Court justice to serve for at least 20 or 30 years. That means that the man elected in November will likely determine the fabric of the law in America for the next 40 years. Ralph Neas, executive director of People for the American Way, says "more than 100 Supreme Court precedents would be overturned with one or two more right-wing justices like Thomas and Scalia."

If Bush is elected, we can expect his Supreme Court picks to mirror his choices for our nation's lower federal courts. Two of his nominees have made news lately for their advice on how Bush's interrogators can torture prisoners without risking criminal prosecution.

Former Assistant Attorney General Jay S. Bybee prepared a 50-page document that defied U.S. statutory and treaty law by defining torture so narrowly, it would permit horrific treatment as long it wasn't life-threatening. Bush rewarded Bybee for his legal creativity with an appointment-for-life to the Ninth Circuit Court of Appeals, the federal court with the largest caseload in the country.

Pentagon General Counsel William Haynes II is a career military lawyer with almost no courtroom experience that would qualify him for a lifetime seat on the Fourth Circuit Court of Appeals. Yet after Haynes supervised the preparation of a report advising that the President's Commander-in-Chief authority would trump the prohibition against torture, Bush nominated him for a coveted spot on the Fourth Circuit.

This "federal appeals court in Richmond, Va., is emerging as a cutting-edge testing ground for conservative legal theories that only a few years ago seemed radical and almost unthinkable to liberal legal analysts," Warren Richey wrote in the Christian Science Monitor two years ago. "Today, many of them are the law of the land. Instead of being overturned, these legal theories – involving limits to federal power and defendants' rights – are being embraced and upheld by a slim majority of conservative justices on the US Supreme Court," according to Richey. It's no surprise that John Ashcroft decided to file the cases against John Walker Lindh and Zacarias Moussaoui in the Virginia district court. Ashcroft knew he would get more favorable appellate treatment from the Fourth Circuit, widely heralded as the most conservative circuit in the country.

The revelations of Haynes' apologies for torture may not sit well when U.S. Senators, who must give their advice and consent to Bush's nominees, consider Haynes' nomination. Pictures and accounts of torture at Abu Ghraib prison, Guantánamo Bay and Afghanistan may have poisoned the well for William Haynes.

The Senate has confirmed 198 of Bush's judicial nominees, bringing the vacancy rate to its lowest level in years. Nevertheless, in a campaign trip to Senator John Edwards' home state of North Carolina and to Michigan, Bush claimed that Democrats were unfairly obstructing his judicial nominations.

Edwards' tough questioning of Charles Pickering, Bush's nominee to the Fifth Circuit Court of Appeals, was instrumental in the defeat of Pickering's nomination. Bush, however, circumvented the Senate's constitutional role in the selection of judges by appointing Pickering anyway during a Congressional recess.

Pickering's checkered past includes his article explaining how to strengthen Mississippi's statute criminalizing interracial marriages. He also cast several votes as a state senator impeding the full extension of electoral opportunities to African-Americans. Pickering voted for a constitutional convention to overturn Roe v. Wade. Perhaps his most controversial action as a federal district court judge involved his threats and unethical communications to force prosecutors to drop a charge against a man convicted of burning a cross on the lawn of an interracial couple with a small child.

Bush also ran an end run around the Senate by appointing Bill Pryor to the Eleventh Circuit Court of Appeals. Pryor has expressed extreme hostility to a woman's constitutional right to reproductive choice. He called Roe v. Wade "the worst abomination of constitutional law in our history."

But Pryor's contempt isn't limited to women. When he went to federal court to try to overturn a consent decree protecting abused and neglected Alabama children, he told reporters: "It matters not to me whether or not [my actions protect children]. My job is to make sure the state of Alabama isn't run by [a] federal court. My job isn't to come here and help children."

Pryor fits nicely into Bush's mold for right-wing Christian ideologues. Judge Pryor said that the challenge of this millennium will be to "preserve the American experiment by restoring its Christian perspective."

Bush's recess appointments of Pickering and Pryor so incensed Democratic senators that they held up several of Bush's other pending judicial nominations. In May, Bush struck a deal with the Democrats. He agreed not to make recess appointments; the Democrats consented to allowing the votes to proceed on the 25 mostly "noncontroversial" pending nominees.

By a vote of 51-46, however, the Senate last week confirmed James Leon Holmes for a seat on the Eastern District of Arkansas, a federal district court. Holmes' anti-woman and anti-choice views were so extreme that Republican Senators Hutchison, Chafee, Snowe, Collins, and Warner crossed party lines and voted against him.

Bush's nomination of Holmes became a lightning rod due to his views on the subservience of women. In a 1997 article in a Catholic newspaper, Holmes wrote: "The wife is to subordinate herself to her husband" and "the woman is to place herself under the authority of the man."

Holmes has compared legalized abortion to the Holocaust, and said: "I think the abortion issue is the simplest issue this country has faced since slavery was made unconstitutional. And it deserves the same response." He has even dismissed the rape and incest exception by inventing the preposterous claim that "the concern for rape victims is a red herring because conceptions from rape occur with approximately the same frequency as snowfall in Miami."

In fact, studies estimate that between 25,000 and 32,000 women each year become pregnant as a result of rape in the United States, but only about 50 percent of these pregnancies end in abortion. And it has only snowed once in Miami in the last century.

Holmes blames the feminist movement for what he considers a whole host of immoralities: "It is not coincidental that the feminist movement brought with it artificial contraception and abortion on demand, with recognition of homosexual liaisons to follow. No matter how often we condemn abortion, to the extent we adopt the feminist principle that the distinction between the sexes is of no consequence and should be disregarded in the organization of society and the Church, we are contributing to the culture of death."

Bush's pending judicial nominees for federal circuit court appointments include Texas Supreme Court Justice Priscilla Owen, who voted to benefit Halliburton and Enron after taking campaign contributions from them. He has also nominated California Supreme Court Justice Janice Rogers Brown, whose decisions have shown great hostility to affirmative action, the rights of workers, gays, senior citizens and the disabled, to protecting children from lead poisoning, and to the right of choice. Two hundred-fifty law professors, including this writer, signed a letter to the Senate Judiciary Committee urging rejection of Brown's nomination.

The Alliance for Justice, which monitors Bush's nominations for federal judgeships, has set forth alternative criteria for evaluating the record of a judicial nominee: He or she should have demonstrated a commitment to protecting the rights of ordinary Americans, rather than placing the interests of the powerful over those of individual citizens. The nominee must have fulfilled his or her professional obligation to work on behalf of the disadvantaged. His or her record should show a commitment to the progress made on civil rights, reproductive freedom, and individual liberties. Or the nominee should have manifested a respect for the constitutional role Congress plays in promoting civil rights and health and safety protections and ensuring recourse when these rights are breached.

Many of George W. Bush's nominees fail to satisfy any of these requirements. He has sought out ideologues who meet a litmus test for pleasing his right-wing religious backers. If Bush is elected president in November, we can expect him to mold the federal judiciary – and probably the Supreme Court – in his own image. A frightening thought.

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Tuesday, December 16, 2003

Capture of Saddam Hussein: Pyrrhic Victory?

The "capture" of Saddam Hussein is being hailed as a great victory for President Bush. After all, who needs to worry about the missing weapons of mass destruction or the lack of ties between Hussein and the perpetrators of the Sept. 11 attacks, now that we've caught the "Butcher of Baghdad"?

Bush is likely to gain some political mileage from Hussein's arrest. But the terrorism Bush's war has unleashed in Iraq is likely to continue or increase, and Hussein can no longer be blamed for it now that he's in custody.

The media have treated us to wall-to-wall coverage of Hussein's arrest -- including shots of a doctor looking into Hussein's mouth as he grimaces. This violates the Geneva Convention, which forbids subjecting prisoners to humiliation and public ridicule. We have not, however, been reminded that Hussein was one of the United States' main allies in the 1980s when he used chemical weapons given to him by the United States.

Will Hussein really "face the justice he denied to millions," as promised by Bush the morning after Hussein's arrest? The new Iraqi criminal tribunal statute under which Hussein will likely be tried was established with $75 million of U.S. money by the administration's handpicked Iraqi Governing Council and approved by the Pentagon and the State Department. It is the first criminal tribunal that has no international or U.N. involvement. Its decisions will also be tainted because it was created while Iraq was under occupation.

Bush has once again thumbed his nose at the International Criminal Court, which was developed during a 50-year period by international legal experts and scholars to try genocide, war crimes and crimes against humanity. None of the three existing tribunals -- the International Criminal Court, the Yugoslav and Rwanda tribunals -- allow for the death penalty; yet, the new Iraqi court may well permit capital punishment. Will Hussein be executed right before the U.S. election next November?

Moreover, Iraq must afford defendants the fair trial rights guaranteed in the International Covenant on Civil and Political Rights, which Iraq has ratified. It requires that the accused be brought promptly before a judge, informed of the charges against him, and be afforded a speedy, public and fair trial with the presumption of innocence, counsel of his choice and the privilege against self-incrimination. The United States, which has also ratified this covenant, has denied all of these rights to the prisoners at its Guantanamo Bay, Cuba, prison camp.

Fortuitously, Hussein's arrest came right after the Bush administration was put on the defensive by the revelation that Vice President Dick Cheney's former company, Halliburton, overcharged U.S. taxpayers $61 million for delivering oil to Iraq. The arrest of Hussein is also likely to deflect criticism from Bush's preferential awarding of lucrative Iraq reconstruction contracts to countries that backed his war on Iraq, in violation of the rules of the World Trade Organization.

Perhaps the most tragic aspect of this media spectacle is that it distracts us from the hell our troops are facing for no good reason in Iraq. Not only has the Bush administration denied us the right to mourn with the families of dead soldiers as the caskets return shielded from media cameras, it has withheld some Purple Hearts so the hundreds of wounded cannot be accurately tallied.

Notwithstanding the arrest of Hussein, we must call on our government to turn the administration of Iraq over to the United Nations and bring our troops home immediately.

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Wednesday, July 30, 2003

Why Iraq and Afghanistan? Cheney Tells All: It's About the Oil

Now that the rationale provided by Bush & Co. for attacking Iraq is unraveling, it's time to ask what the true motivation was for the rush to war. Many dismissed the signs of antiwar protestors, which read "No blood for oil." But if we connect the oily fingerprints, beginning with Vice President Dick Cheney's, it appears those protestors were right.

Cheney's energy task force, in a May 2001 report, called on the White House to make "energy security a priority of our trade and foreign policy" and encourage Persian Gulf countries to welcome foreign investment in their energy sectors. In August 2002, Cheney warned a meeting of veterans that Saddam Hussein could seek to dominate the Middle East's vast energy supplies, and said "there is no doubt that Saddam Hussein now has weapons of mass destruction."

Before the invasion of Iraq, Secretary of Defense Donald Rumsfeld sought to decouple oil access from regime change in Iraq, which, he said, had "nothing to do with oil, literally nothing to do with oil." Rumsfeld, Bush, Secretary of State Colin Powell, and National Security Advisor Condoleezza Rice all invoked Hussein's weapons of mass destruction and his ties to Al Qaeda, neither of which has materialized to date, as imminent threats to the security of the United States. Three days before the attack on Iraq, Cheney said, "we believe he [Hussein] has, in fact, reconstituted nuclear weapons." That claim, and Bush's Niger uranium statement in his State of the Union address, were bogus.

When U.S.-U.K. forces took control of Iraq, their first order of business was to secure the oil fields, instead of the hospitals and antiquities museums. Meanwhile, Kellogg Brown & Root was awarded a controversial $7 billion no-bid contract to rebuild Iraq's oil fields. KBR is a subsidiary of Halliburton, the world's largest oil services company, formerly headed by Cheney before he was tapped for vice president. In a 1998 speech to the "Collateral Damage Conference" of the Cato Institute, Cheney said, "the good Lord didn't see fit to put oil and gas only where there are democratically elected regimes friendly to the United States. Occasionally we have to operate in places where, all things considered, one would not normally choose to go. But, we go where the business is."

The business is in Iraq. Since April 2001, the public interest group Judicial Watch has sought public access to the proceedings of Cheney's energy task force meetings, under the Freedom of Information Act. Yet Cheney has fought tenaciously to keep them secret. On July 17, however, Judicial Watch secured some of the documents from the task force, which contain the smoking gun: "a map of Iraqi oilfields, pipelines, refineries and terminals, as well as 2 charts detailing Iraqi oil and gas projects" and "Foreign Suitors for Iraqi Oilfield Contracts." The documents are dated March 2001, two years before Bush invaded Iraq.

The Bush administration's October 2001 bombing of Afghanistan, although justified as a response to the September 11 attacks, was also part of U.S. oil strategy. Afghanistan never attacked the U.S. Yet, the U.S. and U.K. ousted the Taliban and secured Afghanistan for the construction of an oil pipeline from Turkmenistan, south through Afghanistan, to the Arabian Sea. Bush had been uncritical of the Taliban's human rights record when Unocal oil company was negotiating for the pipeline rights before September 11. After assuming control of Afghanistan, Bush conveniently installed Hamid Karzai, a former Unocal official, as interim president of Afghanistan. "Operation Enduring Freedom" will allow oil corporations freedom to exploit Afghanistan for profit, while the Afghans continue to live in squalor.

Likewise, "Operation Iraqi Freedom" has enabled U.S. corporations to exploit Iraq's oil, while thousands of Iraqis continue to die, lose their jobs, and live without electricity. American soldiers are still dying while U.S. taxpayers foot the $3.9 billion monthly bill. Oil has proven to be the most terrible weapon of mass destruction.

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Wednesday, April 23, 2003

The War Profiteers: Tax Corporations on Excess War Profits

Basking in his high ratings from the Iraq war, George W. Bush turned his attention on April 15 to selling his tax-cut plan. Bush's proposal to cut taxes by $550 billion over the next decade has been roundly criticized as corporate welfare at its best.

Bush's timing could scarcely be labeled serendipitous. His tax-cut campaign coincides with USAID and Army Corps of Engineers awards of massive reconstruction contracts to corporations that have filled Republican Party coffers with hefty campaign donations. The most egregious aspect of these contracts is that they will result in windfall profits for the corporations that have landed them.

The list of companies that will profit handsomely from the contracts reads like a Who's Who of Republican loyalists. Topping the list is Kellogg Brown & Root, a subsidiary of Halliburton Co., headed by Dick Cheney before he was tapped for vice president, which was initially awarded the most lucrative Iraq reconstruction contract. The pact for emergency oil-field services may be worth $7 billion over the next two years. It could earn as much as 7 percent profit, or $490 million.

Strikingly, this contract was bestowed upon Kellogg Brown & Root without sending it out for bids, to the consternation of many in Congress. After the General Accounting Office, Congress's investigative arm, launched a wide-ranging inquiry into the award, the Army Corps of Engineers announced it would send the Halliburton contract out for competitive bids. It remains to be seen whether the Corps' about-face is simply a perfunctory move to forestall criticism, in which Halliburton will walk away with the contract in the end. Months before the Iraq war, Kellogg Brown & Root had been granted a separate Army logistics contract, which has the unprecedented distinction of carrying no price tag.

Another fat Iraq reconstruction contract for $680 million was awarded to Bechtel Group, which donated most of its $1.3 million worth of political campaign contributions since 1999 to the Republican Party. Bechtel has close ties to the Bush administration.

Donald Rumsfeld once served as a liaison between Bechtel and the Iraqi government to finesse the building of an oil pipeline. And former Secretary of State George Shultz, a member of the board of directors of Bechtel, is also chairman of the advisory board of the Committee for the Liberation of Iraq, a strongly pro-war organization with influence in the White House.

An accused human rights violator, DynCorp, a firm which provides security services and which has donated nearly $70,000 to the Republican Party, won a multi-million dollar contract to police post-war Iraq. DynCorp has been accused of engaging in the prostitution business in Bosnia, and it is being sued in a class action by a group of Ecuadorean peasants for spraying herbicides in Colombia that drifted across the border, killing children and crops.

Many in Congress are miffed because the bidding process for these reconstruction contracts has taken place in secret. Sens. Susan Collins (R-Maine), Hillary Rodham Clinton (.) and Ron Wyden (D-Ore.) have cosponsored the Sunshine in the Iraq Reconstruction Contracting Act of 2003, to bring transparency to the awarding of these contracts.

Tony Blair must also be seething. Notwithstanding Blair's unwavering loyalty to Bush, Iraq reconstruction contracts will go exclusively to U.S. firms. Foreign corporations can only subcontract for these lucrative jobs.

Moreover, after the Bush administration succeeds in privatizing Iraq's oil, U.S. corporations will likely be first in line to do business. The hundreds of protestors chanting "No blood for oil" at ChevronTexaco's world headquarters in San Ramon the day before Bush launched his tax-cut campaign understood this well.

Defense contractors are also profiting handily from the war. SY Coleman, a key company connected to the U.S. Patriot missile system, is headed by Lt. Gen. Jay Garner, the new "sheriff of Baghdad." And Northrop Grumman, which won $8.5 billion in contracts last year, has ties with the neoconservatives who provided the blueprint for Bush's doctrine of preemptive war, beginning with Iraq.

It is wrong for huge corporations to profit from war. During the Civil War, there was a public outcry in Georgia against profiteering from that national tragedy. Georgia's General Assembly responded by enacting a special profits tax.

Congress itself enacted "excess-profits taxes" during World Wars I and II and the Korean War, to prevent firms from making windfall profits from these conflicts. Democratic Rep. Clement C. Dickinson of Missouri eloquently stated the rationale for an excess-profits tax on the floor of Congress in 1917. He said that "those who reap large war profits in times of distress should help to bear the burdens of government, increased by reason of the very conditions that add to the wealth of those who flourish and fatten on the misfortunes of the country."

President Franklin D. Roosevelt, in his first radio address following the outbreak of World War II, declared that "no American has the moral right to profiteer at the expense either of his fellow-citizens or of the men, women and children who are living and dying in the midst of war in Europe." The U.S. had not yet entered the war at that point.

In a message to Congress in 1940, Roosevelt sought "a steeply graduated excess-profits tax" to ensure "that a few do not gain from the sacrifices of the many." The members of the U.S. armed forces who have served in the war on Iraq are not making excess wages for their sacrifices. Many will suffer for the rest of their lives with injuries and, likely, with Gulf War II Syndrome.

On Feb. 13, 2003, former Sen. George McGovern suggested on MSNBC's "Buchanan & Press" that Congress impose an excess-profits tax. "I don't think people ought to be making money out of young American blood in Iraq," McGovern said.

Excess-profits taxes are generally calculated in one of two ways. Any return on capital over a fixed percent may be considered excess profits. Or they might be defined as net income in excess of prewar levels.

In his farewell speech to America in 1961, President Dwight D. Eisenhower warned: "In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex."

George W. Bush has cited the lofty ideal of bringing freedom to the Iraqi people as justification for this war. He should not then oppose the imposition of an excess-profits tax on corporations that have secured contracts to rebuild Iraq.

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Friday, December 13, 2002

Oil: Weapon of Mass Destruction

When Dick Cheney was CEO of Halliburton, the world’s largest oil services company, he told the Cato Institute: “The good Lord didn’t see fit to put oil and gas only where there are democratically elected regimes friendly to the United States.” He admitted: “Occasionally, we have to operate in places where, all things considered, one would not normally choose to go...we go where the business is.” After Cheney became vice president, he made hegemony over the world’s oil supply a priority for U.S. foreign policy. The blueprint for this strategy was developed in the 1992 draft Pentagon Defense Planning Guidance on post-Cold War Strategy, at the direction of Deputy Defense Secretary Paul Wolfowitz, when he was Undersecretary of Defense under Cheney in George H.W. Bush’s cabinet.

This 1992 draft, which was strategically leaked to The New York Times, advocated continued U.S. leadership in NATO by discouraging the advanced industrialized nations “from challenging our leadership.” It said: “We must maintain the mechanism for deterring potential competitors from even aspiring to a larger regional or global role.” The overall objective in the Middle East and Southwest Asia, according to the draft, “is to remain the predominant outside power in the region to preserve U.S. and Western access to the region’s oil.” The bombing of Afghanistan, and the impending Iraq war, both serve that goal.

The incessant drumbeat from Washington is that Americans must be protected from Saddam Hussein’s weapons of mass destruction. Notwithstanding CIA Director George Tenet’s unambiguous declaration that Hussein does not pose an imminent threat to the United States, media commentators postulate unremittingly how many and what types of weapons Hussein must have. George W. Bush has manipulated and cajoled Congress and the Security Council into jumping on his WMD bandwagon. Yet, Bush’s war on Iraq is merely the next step in a concerted strategy to secure control over valuable oil deposits in the Middle East and Central Asia.

Bush’s agenda to reincarnate NATO, inspired by the Wolfowitz document, is key to this oil strategy. NATO was created as a defensive alliance during the Cold War to protect Western Europe from a perceived threat from the Soviet Union. After World War II, the countries of Western Europe were unable to defend themselves. Now they have the resources to provide for their own security, yet NATO has expanded eastward, added several former Soviet bloc countries to its ranks, and redefined its strategic purpose. Bush’s abandonment of containment in favor of preemption is a brazen manifestation of the Wolfowitz theology embodied in the 1992 draft. Indeed, Wolfowitz has been systematically bribing NATO countries to assist with Bush’s impending invasion of Iraq.

The U.S. bombing of Afghanistan, justified as a response to the September 11 attacks, was part of the U.S. oil strategy. Afghanistan never attacked the U.S. and most of the hijackers hailed from Saudi Arabia, a strategic U.S. oil partner. Yet, U.S. and U.K. warplanes ousted the Taliban and secured Afghanistan for the construction of an oil pipeline from Turkmenistan, south through Afghanistan, to the Arabian Sea. The Bush administration had been uncritical of the Taliban’s human rights record when Unocal oil company was negotiating for the pipeline rights before September 11. After assuming control of Afghanistan, Bush conveniently installed Hamid Karzai, a former Unocal official, as interim president of Afghanistan.

Bush likewise seeks to install a U.S.-friendly replacement for Hussein after conquering Iraq. Although couched as a battle against weapons of mass destruction, the U.S. allied with Iraq when it used chemical weapons on the Kurds; indeed, the U.S. furnished Iraq with its WMD technology, according to an Associated Press report. The U.S. played Iraq off against Iran for years, to ensure access to Middle East oil. Bush’s war with Iraq, and ultimate occupation of that country, will clinch that control. With the lives of thousands of Americans and Iraqis at stake, oil may prove to be the most terrible weapon of mass destruction.

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Friday, December 7, 2001

The Deadly Pipeline War: U.S. Afghan Policy Driven by Oil Interests

George W. Bush justifies his bombing of Afghanistan as a war against terror. A twin motive, however, is to make Afghanistan safe for United States oil interests.

A few days before September 11, the U.S. Energy Information Administration documented Afghanistan's strategic "geographical position as a potential transit route for oil and natural and gas exports from Central Asia to the Arabian Sea," including the construction of pipelines through Afghanistan.

Prior to September 11, United States policy toward the Taliban was largely influenced by oil. In a new book published in Paris, "Bin Laden, la verite interdite" ("Bin Laden, the forbidden truth"), former French intelligence officer Jean-Charles Brisard and journalist Guillaume Dasquie document a cozy relationship between George W. Bush and the Taliban. The book quotes John O'Neill, former director of anti-terrorism for the FBI, who thought the U.S. State Department, acting on behalf of United States and Saudi oil interests, interfered with FBI efforts to track down Osama bin Laden.

Before he was tapped as Bush's running mate, Dick Cheney was CEO of Halliburton, the biggest oil services company in the world. In a 1998 speech to the "Collateral Damage Conference" of the Cato Institute, Cheney said, "the good Lord didn't see fit to put oil and gas only where there are democratically elected regimes friendly to the United States. Occasionally we have to operate in places where, all things considered, one would not normally choose to go. But, we go where the business is."

Because of the instability in the Persian Gulf, Cheney zeroed in on the world's other major source of oil, the Caspian Sea, whose resources were estimated at $4 trillion by U.S. News and World Report. Cheney told oil industry executives in 1998, "I can't think of a time when we've had a region emerge as suddenly to become as strategically significant as the Caspian."

But Caspian oil, landlocked between Russia, Iran and former Soviet republics, presents formidable transport challenges. Afghanistan is strategically located near the Caspian Sea. In 1994, the U.S. State Department and Pakistan's Inter-Services Intelligence agency sought to install a stable regime in Afghanistan to enhance the prospects for Western oil pipelines. They financed, armed and trained the Taliban in its civil war against the Northern Alliance.

In 1995, California-based UNOCAL proposed the construction of an oil pipeline from Turkmenistan, south through Afghanistan and Pakistan, to the Arabian Sea. Yasushi Akashi, U.N. Under-Secretary General for Humanitarian Affairs, was critical of "outside interference in Afghanistan" in 1997, which, he said, "is now all related to the battle for oil and gas pipelines. The fear is that these companies and regional powers are just renting the Taliban for their own purposes."

Meanwhile, feminists and Greens in the United States mobilized opposition to UNOCAL's pipeline deal and Washington's covert support of the Taliban, because of the latter's oppression of women. In 1998, after the U.S. bombed Al-Qaeda training camps in retaliation for the bombings of the U.S. embassies in Africa, UNOCAL pulled out of the pipeline negotiations.

Once the Taliban are overthrown and the U.S. installs a pro-Western government, lucrative investment opportunities will arise. Rob Sobhani, president of Washington-based Caspian Energy Consulting, said, "Other major energy companies could see big opportunities in a deal crucial to restarting Afghanistan's economy." A new pipeline could produce revenues totaling $100 million.

United States dependence on Middle East -- and soon Caspian -- oil -- has led our government to engage itself in heavy-handed, and deadly, interventions. The development of a sensible U.S. energy policy would obviate the perceived need to dominate other countries.

But there has been an ongoing pipeline war between Russia and the U.S., which support competing pipeline routes. An energy expert at the National Security Council clarified the United States' anti-Russia policy in 1997: "US policy was to promote the rapid development of Caspian energy . . . We did so specifically to promote the independence of these oil-rich countries, to in essence break Russia's monopoly control over the transportation of oil from that region, and frankly, to promote Western energy security through diversification of supply."

Former Russian President Boris Yeltsin recognized this in 1998: "We cannot help seeing the uproar stirred up in some Western countries over the energy resources of the Caspian. Some seek to exclude Russia from the game and undermine its interests. The so-called pipeline war in the region is part of this game."

This pipeline war has taken some curious turns since September 11. A New York Times article in October emphasized new oil cooperation between Russia and the United States. Laurent Ruseckas of Cambridge Energy Research Associates said: "This whole idea of the U.S. and Russia fighting over Caspian oil seems completely outdated. The West would like to see Russian and Caspian oil on stream as quickly as possible."

But after September 11, Russia, which has sustained the Northern Alliance for ten years, provided it with heavy artillery and encouraged it to move into Kabul, in direct contravention of Bush's orders. Eric R. Margolis, author of "War at the Top of the World - The Struggle for Afghanistan, Kashmir and Tibet," chides Bush's naivete in thinking "the Russians are now our friends." Margolis warns, "the president should understand that where geopolitics and oil are concerned, there are no friends, only competitors and enemies."

At this point, the outcome of U.S.-Russian relations, and the pipeline war, remains uncertain. The deaths and starvation of thousands of Afghanis, however, is a certainty. Regardless of how the black gold is ultimately piped out of the Caspian Sea, the United States should replace its pipeline of bombs with a pipeline of humanitarian assistance to the people of Afghanistan.

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Friday, April 27, 2001

Pacification for a Pipeline: Explaining the U.S. Military Presence in the Balkans

Despite President George W. Bush’s rhetoric about withdrawing our forces from the Balkans, we can expect a strong continuing U.S. presence there. Why? It’s all about the transportation of massive oil resources from the Caspian Sea through the Balkans, and maintaining U.S. hegemony in the region.

Although NATO ostensibly bombed Yugoslavia to stop ethnic cleansing, the bombing was actually part of a strategy of containment, to keep the region safe for the Trans-Balkan oil pipeline that will transport Caspian oil through Macedonia and Albania. The pipeline is slated to carry 750,000 barrels a day, worth about $600 million a month at current prices.

Cooperation of the Albanians with the pipeline project was likely contingent on the U.S. helping them wrest control of Kosovo from the Serbs. The U.S. seeks to contain Macedonia as well, supporting both sides in the conflagration there. Military Professional Resources International, a mercenary company on contract to the Pentagon, has trained both the Kosovo Liberation Army and the Macedonian army. MPRI also supplied and trained the Croatian army in 1994 and 1995 before the Croatians cleansed more than 100,000 Serbs from the Krajina region.

The bombing was not aimed at ethnic cleansing. It was part of U.S.-run NATO’s eastward expansion as a counterweight to Russia, which wants the Caspian oil pipeline to run through its territory. NATO, created during the Cold War to protect Western Europe from the Soviets, should have disbanded after the breakup of the USSR.

But a 1992 draft of the Pentagon’s Defense Planning Guidance advocated continued U.S. leadership in NATO by “discouraging the advanced industrialized nations from challenging our leadership or even aspiring to a larger global or regional role.” Secretary of State Colin Powell recently said, if we decide to expand NATO, “we should not fear that Russia will object; we will do it because it is in our interest.”

Bush is walking a delicate tightrope. He calls for Europe to do the grunt work in the Balkans, but also wants to prevent the European Union from becoming more powerful than U.S.-led NATO. A U.S. Army officer stationed in Bosnia, speaking anonymously to the Los Angeles Times, observed wryly, “The only thing the Europeans need us Americans for is the leadership.”

The U.S. has invested too much in the region to pull out. After the NATO bombing campaign, the U.S. spent $36.6 million to build Camp Bondsteel in southern Kosovo. The largest American foreign military base constructed since Vietnam, Bondsteel was built by the Brown & Root Division of Halliburton, the world’s biggest oil services corporation, which was run by Richard Cheney before he was tapped for Vice-President.

NATO’s bombs, never sanctioned by the United Nations, were not “humanitarian intervention.” The alleged mass graves were never found by the FBI, and the 10,000-11,000 bodies NATO touted turned out to number about 2000-3000, mostly in KLA strongholds. Even the Marine Corps Gazette concluded after the bombing that the “resulting deaths of thousands of Serbian soldiers, civilians, and Kosovar Albanians and the displacement of hundreds of thousands more can hardly be viewed as a victory for humanitarianism.”

It is the purview of the United Nations, not the United States, to authorize humanitarian intervention. If the U.S. really wanted to provide humanitarian assistance to the people of Yugoslavia, it would encourage the International Monetary Fund to forgive $14 billion in loans from prior regimes, finance reparations to rebuild the infrastructure destroyed by its bombs, and remove the U.S. troops from the region.

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Thursday, March 22, 2001

Bush Continues Illegal and Inhumane U.S. Persian Gulf Policy

President George W. Bush's "routine" bombing attack on Iraq should come as no surprise. It is a conscious and systematic continuation of the Bush I-Cheney-Powell-Clinton policy of keeping steady pressure on Saddam Hussein to sustain U.S. hegemony in the Persian Gulf. Iraq has the second largest oil supply in the world. Humanitarian rhetoric notwithstanding, the unlawful bombing and sanctions regime serves to maintain the United States as the dominant force in the region.

The Pentagon says our bombers were acting in "self-defense" when they struck near Baghdad Friday, because Iraq has been resisting U.S./British patrols in the "no-fly- zone" over Iraq's airspace. Our leaders are using this outlandish theory to avoid charges that we're violating the UN Charter, which prohibits the use of force against a sovereign nation except in self-defense or when authorized by the Security Council. The no-fly zone has never been sanctioned by the Security Council, and the killing and wounding of civilians clearly violates international law.

The U.S. government justifies its strategy to overthrow Saddam Hussein as necessary to prevent him from proliferating weapons of mass destruction. Ironically, it was the United States that gave him the technology to develop chemical and biological weapons in the first place, according to a 1996 Associated Press report.

The only weapons of mass destruction in Iraq are the U.S./British bombers and the crippling sanctions. Scott Ritter, a former weapons inspector in Iraq recently said, "There is absolutely no reason to believe that Iraq could have meaningfully reconstituted any element of its WMD [weapons of mass destruction] capabilities in the past 18 months." But, in spite of UN Resolution 687, which calls for the creation of a weapons of mass destruction-free zone throughout the Middle East, the United States ignores Israel's large stockpile of nuclear weapons.

Shortly after Operation Desert Storm in 1991, where U.S. and British bombs killed 100,000 Iraqi men, women and children, and destroyed Iraq's infrastructure, then Secretary of Defense Dick Cheney expressed his desire to broaden the United States' military role in the region to hedge future threats to Gulf oil resources. Between his service in the Bush I and Bush II administrations, Cheney served as CEO of Halliburton Co., the biggest oil-services company in the world.

For the past two years, the United States and Britain have continued to bomb Iraq, as frequently as every other day, without UN authorization. And we have prosecuted a campaign of economic sanctions that, according to UNICEF, has killed 4000 Iraqi children every month since 1991. When confronted with these figures in 1996, Clinton's Secretary of State Madeleine Albright said on 60 Minutes, "We think the price is worth it."

Evidently, her successor agrees. When he accepted Bush's nomination for Secretary of State, Powell stressed his support for maintaining and strengthening the sanctions against Iraq. He must be aware that although these sanctions are aimed at Saddam Hussein, it is the people of Iraq who suffer from them.

General Colin Powell was also impervious to the suffering of thousands of U.S. vets who contracted Gulf War Syndrome following Desert Storm. Charles Sheehan-Miles, a director of the National Gulf War Resource Center, said that four or five years ago, Gulf War vets were refused treatment by the VA. "We got silence from Powell, Schwarzkopf and Cheney. We wrote a couple of letters to Powell asking for help and never got a response. That was a severe disappointment."

With Friday's stepped-up bombing, the U.S. is sending a message to Saddam Hussein that the pressure's still on, in spite of widespread Arab opposition to the bombing and the sanctions. Colin Powell, who will visit the Persian Gulf next week, said our goal is to "keep the pressure on" Hussein. As Captain Genter Drummond, a retired U.S. Air Force fighter pilot who flew bombers during Desert Storm said on CNN Friday night, George W. Bush is "the new teacher on the playground." The Commander-in-Chief has changed but the policy remains the same.

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Wednesday, August 9, 2000

Cheney's “Black Gold”: Corporate Oil Interests to Drive U.S. Foreign Policy in Bush-Cheney Administration

What do the Persian Gulf, the Caspian Sea and the Balkans have in common? U.S. domination in these areas serves the interests of corporate multi-millionaires such as Dick Cheney. As George Bush’s Secretary of Defense, Cheney was chief prosecutor of Operation Desert Storm in 1991. Humanitarian rhetoric notwithstanding, the bombing of Iraq – which continues to this day – was primarily aimed at keeping the Persian Gulf safe for U.S. oil interests. Shortly after Desert Storm, the Associated Press reported Cheney’s desire to broaden the United States’ military role in the region to hedge future threats to gulf oil resources.

Cheney is C.E.O. of Halliburton, the biggest oil-services company in the world. Because of the instability in the Persian Gulf, Cheney and his fellow oilmen have zeroed in on the world’s other major source of oil – the Caspian Sea. Its rich oil and gas resources are estimated at four trillion dollars by U.S. News and World Report. The Washington-based American Petroleum Institute, voice of the major U.S. oil companies, called the Caspian region, “the area of greatest resource potential outside of the Middle East.” Cheney told a gaggle of oil industry executives in 1998, “I can’t think of a time when we’ve had a region emerge as suddenly to become as strategically significant as the Caspian.”

But Caspian oil presents formidable obstacles. Landlocked between Russia, Iran and a group of former Soviet republics, the Caspian’s “black gold” raises a transportation dilemma. Russia wants Caspian oil to run through its territory to the Black Sea. The United States, however, favors pipelines through its ally, Turkey.

Although the cheapest route would traverse Iran to the Persian Gulf, U.S. sanctions against Iran belie this alternative. Cheney has lobbied long and hard, as recently as June, for the lifting of those sanctions, to lubricate the Iran-Caspian connection. This is consistent with his position, described in a 1997 article in The Oil and Gas Journal, that oil and gas companies must do business in countries with policies unpalatable to the U.S.

Cheney also favors the repeal of section 907 of the 1992 Freedom Support Act, which severely restricts U.S. aid to Azerbaijan because of its ethnic cleansing of the Armenians in Nagorno Karabakh, a mountainous enclave in Azerbaijan. Why would Cheney choose to ignore Azerbaijan’s human rights violations? Because Azerbaijan, key to the richest Caspian oil deposits, is, according to the Bulletin of the Atomic Scientists, “in fact, the focal point of the next round in the Great Game of Nations, a dangerous, hot-headed place with a Klondike of wealth beneath it. It is Bosnia with oil.”

Cheney’s oily fingerprints are all over the Balkans as well. Last year, Halliburton’s Brown & Root Division was awarded a $180 million-a-year contract to supply U.S. forces in the Balkans. Cheney also sits on the board of directors of Lockheed Martin, the world’s largest defense contractor. Replacing munitions used in the Balkans could result in $1 billion in new contracts. War is big business and Dick Cheney is right in the middle of it.

Meanwhile, energy and gasoline prices continue to soar in many parts of the United States. OPEC controls the oil production in the Persian Gulf. Cheney, worried about a fall-off in investment, spoke in favor of OPEC cutting oil production so oil and gasoline prices could rise.

Cheney is ineluctably invested in keeping the world safe for his investments. Although he is stepping down as C.E.O. of Halliburton to run for vice-president, his financial interests in the Persian Gulf, the Caspian region and the Balkans will invariably continue. Chosen by George W. Bush to bring foreign policy expertise to the ticket, we can expect a Republic administration to increase U.S. intervention in regions when it suits Dick Cheney’s oil and other corporate concerns.

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